Title
A. RESOLUTION NO. 2015-241 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFER OF DEDICATION FOR PUBLIC PARK PURPOSES LOCATED IN OTAY RANCH VILLAGE 2
B. RESOLUTION NO. 2015-242 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF THE IRREVOCABLE OFFERS OF DEDICATION FOR PUBLIC OPEN SPACE AND OTHER PURPOSES LOCATED IN OTAY RANCH VILLAGE 2
Body
RECOMMENDED ACTION
Recommended Action
Council adopt the resolutions.
Body
SUMMARY
Baldwin and Sons (Developer) is requesting the vacation of three irrevocable offers of dedication (IODs) for public park purposes and public open space purposes. The Developer is replacing the existing offers of dedication with IODs in their ultimate configuration and in an equivalent or more acreage.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the Project for compliance with the California Environmental Quality Act (CEQA) and determined that the Project was covered by previous adopted FSEIR 12-01. Thus, no further environmental review is necessary.
BOARD/COMMISSION RECOMMENDATION
Not Applicable
DISCUSSION
Park P-3 IOD
On May 26, 2006, The City of Chula Vista, by way of Resolution No. 2006-157, approved the Tentative Map for Chula Vista Tract No. 11-05. The tentative map approved the location of Park P-3 within Otay Ranch Village 2 North. Subsequently, Otay Project, L.P. granted an Irrevocable Offer of Dedication of Fee Interest for Public Park Purposes for the P-3 Park Site to the City of Chula Vista on Final Map No. 15350. The park was located at the intersection of Santa Diana Road and Santa Victoria Road and contained 6.929 acres.
On November 4, 2014, Council approved a Sectional Planning Area (SPA) plan amendment which relocated the Village 2 Swim Club to the intersection of Santa Diana Road and Santa Victoria Road and shifted the P-3 Park site to the west. This action reconfigures the existing IOD to the new SPA
Baldwin and Sons is currently processing the Village 2 North Neighborhood R-10B final map. Neighborhood R-10B is a multifamily neighborhood with 31 residential units located adjacent to Park P-3. The final map includes an irrevocable offer of dedication for the ultimate configuration of the P-3 Park in Village Two. Staff recommends the Summary Vacation be recorded concurrent with the recordation of this final map.
Village 2 Open Space Preserve IODs
On November 10, 1999, Otay Project L.P., per document no. 1999-0748994, made an offer to dedicate 30.06 acres for open space and other purposes to the City of Chula Vista and County of San Diego as joint tenants.
On December 2, 1999, Otay Project L.P., per document no. 1999-0790108, made an offer to dedicate 2.28 acres for open space and other purposes to the City of Chula Vista and the County of San Diego as joint tenants.
The offers of dedication were made to satisfy the developer’s condition to dedicate land equivalent to 1.188 acres for every acre of land that is developed per the Otay Ranch Resource Management Plan. With the final grading of Otay Ranch Village 2 South, the land adjacent to the IODs, the boundary between the two requires some adjustment. Baldwin and Sons is processing a lot line adjustment final map that will adjust the property line to its ultimate configuration and include new offers of dedication to replace the existing IODs that are proposed for vacation. The new offers of dedication will be of equal acreage with the existing IODs in the amount of 32.34 acres.
The County of San Diego has since quitclaimed their interest in the IODs.
In accordance with Section 7050 of the California Government Code and Section 8335 of the California Streets and Highways Code, Council may summarily vacate the IOD with a resolution of vacation that shall state all of the following:
1. That the vacation is made under Section 7050 of the California Government Code and Chapter 4 of the California Streets and Highways Code;
2. The name or other designation of the easement and a precise description of the portion vacated (see Attachments 1, 2, and 3);
3. The facts under which the vacation is made; and,
4. From and after the date the resolution is recorded, the vacated IOD no longer constitutes an open space or public park.
These provisions have been included in the resolutions.
DECISION-MAKER CONFLICT
Staff has reviewed the property holdings of the City Council members and has found no property holdings within 500 feet of the boundaries of the property which is the subject of this action. Consequently, this item does not present a disqualifying real property-related financial conflict of interest under California Code of Regulations Title 2, section 18705.2(a)(11), for purposes of the Political Reform Act (Cal. Gov’t Code §87100,et seq.).
Staff is not independently aware, and has not been informed by any City Council member, of any other fact that may constitute a basis for a decision maker conflict of interest in this matter.
LINK TO STRATEGIC GOALS
The City’s Strategic Plan has five major goals: Operational Excellence, Economic Vitality, Healthy Community, Strong and Secure Neighborhoods and a Connected Community. The proposed action address the Economic Vitality and the Healthy Community goals as it supports the implementation of the General Plan goal to develop Otay Ranch Village Two and supports the construction of the Otay Ranch Village 2 P-3 park site.
CURRENT YEAR FISCAL IMPACT
There is no current year fiscal impact associated with the vacation of the IODs
ONGOING FISCAL IMPACT
There is no ongoing fiscal impact associated with the vacation of the IODs
ATTACHMENTS
Attachment 1: Legal Description of the Park P-3 IOD
Attachment 2: Doc. No. 1999-0748994, IOD for Open Space and Other Purposes
Attachment 3: Doc. No. 1999-0790108, IOD for Open Space and Other Purposes
Staff Contact: Chester Bautista